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IRS Tax Lawyers in Virginia

The Virginia Department of Taxation is responsible for administering state tax laws in Virginia. Additionally, the Internal Revenue Service (IRS) handles federal taxes and federal tax law across the United States, including Virginia.

When facing tax issues, it’s advisable to seek the assistance of an experienced Virginia tax attorney at Anderson Bradshaw. A tax attorney can provide guidance, help you understand your rights and obligations, and represent your interests in dealing with tax problems.

They can also assist in developing strategies to address any allegations or disputes related to your taxes. Working with a knowledgeable tax attorney can greatly enhance your chances of achieving a favorable outcome in your case.

When you are seeking tax debt relief, Anderson Bradshaw can be the answer to all of your problems because we understand how to help people in these types of situations. Some of the different tax cases we handle include:

Offers in Compromise

The offer in compromise (OIC) program is administered by the Internal Revenue Service (IRS). An offer in compromise allows individuals to settle their tax debt for less than the full amount owed.

The IRS considers various factors such as a person’s ability to pay, income, expenses, and asset equity when evaluating an offer. To be eligible for an offer in compromise, individuals must have filed all required tax returns, made all necessary estimated tax payments, not be in an open bankruptcy proceeding, have a valid extension for the current year return, and have made tax deposits as an employer for the current and past two quarters.

In cases where the IRS cannot process an offer in compromise, the agency returns the application and offer application fees. Different payment options are available for accepted offers, including lump sum cash payments or periodic payments over a specified period.

Low-income individuals who meet certain certification guidelines may not be required to pay the application fee, initial payment, or monthly installments while the IRS reviews their offer.

If an offer in compromise is rejected, individuals have the right to appeal within 30 days using the Request for Appeal of Offer in Compromise, Form 13711. The IRS Independent Office of Appeals can provide additional assistance during the appeal process.

It’s important to note that navigating the offer in compromise process can be complex, and seeking the guidance of a tax professional, such as a tax attorney or enrolled agent, is often recommended to increase the chances of a successful outcome.

Stopping Tax Levies & Liens

A tax lien is a legal claim imposed by the government against property when an individual fails to pay their tax debts. The purpose of a tax lien is to protect the government’s interest in the property.

In Virginia, if a person neglects or fails to pay their tax debts, the state may request a bank or financial institution to hold any assets in the person’s account, including interest, rent, or other funds. The bank or institution is then required to remit those amounts to the state until the total balance due is satisfied.

The IRS also provides information on their website regarding the release of liens. The IRS is obligated to release levies under certain circumstances, such as when the taxpayer has fully paid the amount owed, the collection period ended before the levy was issued, releasing the levy would facilitate tax payment, the taxpayer has entered into an Installment Agreement that does not permit the levy to continue, the levy would cause an economic hardship preventing the taxpayer from meeting reasonable living expenses, or the value of the property exceeds the amount owed, and releasing the levy would not hinder the IRS’s ability to collect the outstanding tax debt.

If the IRS denies a request to release a lien, individuals have the right to appeal the decision. Seeking the assistance of a lawyer when dealing with tax liens is crucial, as they can provide guidance and representation throughout the process.

It is important to note that tax laws and procedures can vary, so it’s recommended to consult with a tax professional at Anderson Bradshaw who specializes in tax matters specific to your jurisdiction for personalized advice.

IRS Audit Defense

Audits are conducted by tax authorities to ensure compliance with tax laws and regulations. In Virginia, the Department of Taxation conducts audits to verify tax compliance. It is not uncommon for audits to result in no additional tax liability or even a refund to the taxpayer.

When it comes to audits, both state and federal tax authorities, such as the IRS, may be involved. Audits can be triggered by various factors, including math errors, failure to report income, or failure to report foreign accounts.

Receiving a notice about an audit often leads to subsequent notices regarding penalties, if applicable. It is advisable to seek legal assistance promptly upon receiving an audit notice to ensure proper guidance and representation throughout the audit process.

IRS audits generally have a time limit of three years, during which the agency can review past tax returns. However, exceptions can be made in cases involving significant errors or fraudulent activity.

Anderson Bradshaw is a firm that specializes in handling tax audits and can provide assistance and representation in such matters. It is important to keep in mind that tax laws and procedures can vary.

Unfiled Tax Returns

Virginia state law imposes penalties for various tax-related infractions, including underpayment of tentative taxes, late filings, and late payments. Additionally, interest is charged on underpayments and late payments of taxes, as well as unpaid balances of assessments that are more than 30 days old. However, it’s important to note that Virginia state law also provides an automatic extension of six months for filing individual and fiduciary income tax returns.

In cases involving unfiled tax returns where the IRS becomes involved, federal failure to file penalties may apply. These penalties can amount to 5 percent of the net tax due per month or 0.5 percent for every month or part of a month that the tax remains unpaid, with a maximum penalty of 25 percent.

The IRS strongly encourages individuals to promptly file their past due tax returns. Even when filing late, doing so can help avoid additional interest and penalties, safeguard Social Security benefits, prevent complications when seeking loans, and minimize the risk of collection and enforcement actions.

It is worth noting that tax laws and regulations can be complex and subject to change, so it’s advisable to consult with a tax professional or attorney who is well-versed in the specific tax laws and procedures of Virginia or the relevant jurisdiction for personalized guidance regarding your tax situation.

Innocent Spouses

Innocent spouse relief is a provision that applies to couples who file joint tax returns and are still married and living together in the same household. It allows one spouse to avoid paying additional taxes when the other spouse understated the taxes due on their joint return, and the innocent spouse did not know about the mistake.

Underreporting of taxes is attributed to only one spouse, and the audit report should reflect this attribution. The innocent spouse seeking relief must demonstrate that they had no actual or constructive knowledge of the tax understatement, and it would be unfair to hold them responsible for the resulting tax debt.

It’s important to note that there is a time limit for seeking innocent spouse relief. Generally, it must be requested within two years after the IRS has initiated collection actions. However, each case may have its own specific circumstances and requirements, so it’s advisable to consult with a qualified tax attorney or professional for personalized guidance.

Obtaining innocent spouse relief from the IRS can be a complex process, and the agency evaluates each claim carefully. Therefore, it is highly recommended to seek the assistance of experienced legal counsel when pursuing an innocent spouse relief claim to ensure the best possible outcome.

Contact Our Virginia Tax Attorneys

If you are overwhelmed by a tax problem in Virginia, you should know that you do not have to deal with your issues by yourself. Anderson Bradshaw can work closely with you and make every effort to see that you are able to achieve an outcome that is most desirable.

Our tax attorneys provide IRS tax help for residents all over Virginia including Virginia Beach, Chesapeake, Arlington, Norfolk, Richmond, Newport News, Alexandria, Hampton, Roanoke, Portsmouth, and more. Call (877) 986-1156 or contact our Virginia tax attorney online to set up a free consultation.

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